Outside Counsel: Federal Trademarks Still Difficult to Obtain for Cannabis Companies

Friday, February 8, 2019

Edward Weisz discussed with Corporate Counsel how different strains of cannabis can be registered with the U.S. Patent and Trademark Office under the federal patent law which allows for patents to be places on plants. He explained getting a strain of cannabis patented does not present any unique problems other than the issues every kind of product goes through in the middle of the patent application process. “The trademark space is trickier than the patent space,” Weisz explained. “Primarily that’s due to the fact that patent laws allow people to apply for and obtain plant patents. You can in effect obtain patents on a new cannabis strain or something.”

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